News & Analysis as of

China Trade Secrets Corporate Counsel

McDermott Will & Schulte

Paint It White: No Sovereign Immunity in Economic Espionage Case

The US Court of Appeals for the Ninth Circuit affirmed a district court’s denial of foreign sovereign immunity to a Chinese company accused of stealing trade secrets related to the production of proprietary metallurgy...more

Morgan Lewis

Beijing Courts Find WeChat Records Inadmissible if Recovered Without Employee Consent

Morgan Lewis on

As the data protection regime in China continues to evolve, so do the individual privacy rights of employees. A Beijing appellate court recently rejected an employer’s ability to use—without the employee’s informed...more

Morgan Lewis

China’s Intellectual Property Enforcement Trends

Morgan Lewis on

Comprising tiers of specialized intellectual property (IP) courts within its court system, China bifurcated judicial and administrative proceedings for those seeking to protect and enforce against a patent infringement. The...more

A&O Shearman

Significant damages judgments highlight the trends of trade secret enforcement in China

A&O Shearman on

The IP Tribunal of the Chinese Supreme Court currently presides over the appeals of all technical IP cases in China. In two recent trade secret judgments, the Supreme Court affirmed the finding of misappropriation and awarded...more

Neal, Gerber & Eisenberg LLP

Client Alert: U.S.-China Trade Deal Promises Better Intellectual Property Protection for U.S. Businesses in China

On January 15, 2020, the U.S. and China signed Phase One of the Economic and Trade Agreement Between the Government of the United States of America and the Government of the People’s Republic of China (the “U.S.-China Trade...more

Holland & Knight LLP

“Head Start” Damages Affirmed Against Employee Who Started Competitor in China

Holland & Knight LLP on

An often sought remedy in trade secret cases is unjust enrichment, which DTSA and several uniform state trade secret acts permit plaintiffs to seek for the unlawful benefit received by defendants "that is not addressed in...more

Pillsbury - Internet & Social Media Law Blog

Trade Secrets and Theft by Steganography: When a Picture Contains a Thousand Words

In November 2018, the U.S. Department of Justice rolled out the China Initiative. This new policy includes plans to “identify priority Chinese trade theft cases, ensure we have enough resources dedicated to them, and … bring...more

Seyfarth Shaw LLP

Trade Secrets May Retain Protections Despite Disclosure to Single Competitor

Seyfarth Shaw LLP on

The Ninth Circuit recently held in United States v. Liew that it was not plain error for the district court not to instruct the jury that disclosure “‘to even a single recipient who is not legally bound to maintain [a trade...more

Orrick - Trade Secrets Group

Litigate Trade Secret Misappropriation Disputes in Chinese Courts

How can trade secret misappropriation disputes be litigated in Chinese courts, despite the system’s lack of US-style discovery tools? Many companies, especially foreign companies, might be hesitant to even think about...more

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